Do I have a 5-year bar to the U.S.?

QUESTION: Six months ago, I was asked to withdraw my application to enter the U.S. and my B1 visa was cancelled.  I was told to apply for a different visa.  Then, a month ago I received a job offer from a company in the U.S.  I applied for a TN visa, which I didn't get because I did not fulfill the necessary requirements and was told to apply for a different working visa.  My question is, do I have a 5 year bar? No one is telling me so.  I'm told to reapply for a different visa, but never that I'm inadmissible.

REPLY:  Thank you for your question.  While I cannot provide you with case-specific advice without first reviewing your case in detail, I can provide you with some general information that may be useful.

Permission to withdraw an application for admission does not, in itself, carry any bar to future admission.  In some instances, however, the individual granted permission to withdraw his/her application for admission is also charged with a ground of inadmissibility at the time of withdrawal and, therefore, may be inadmissible on such grounds (i.e., criminal grounds; unlawful presence; fraud).  Many grounds of inadmissibility carry with them a bar to admission for which a waiver is required (if available).   If the individual has been issued an order of expedited removal, which is different than a withdrawal of application for admission, then s/he is subject to a 5-year bar.

Click to read more ...


Do I need to reapply for the I-212 waiver?

QUESTION:  I am Canadian and was expedited removed from the U.S. and charged with fraud in 2010.  I later filed Form I-192 and Form I-212.  Both were approved.  Form I-192 was approved for one year and is expiring soon.  The Form I-212 approval letter does not have an expiration date. My question is, do I need to reapply for a new I-212 waiver in addition to a new I-192? 

REPLY: Thank you for your question.  You should not need to file a new I-212 application.  In most cases like yours, permission to reapply for admission is granted for the remainder of the period of inadmissibility.  Since you have been charged with fraud, you will require a nonimmigrant waiver [Form I-192] for life.  If you would like to discuss your case in more detail and receive a complete professional analysis, please do not hesitate to contact me


New Report on Border Patrol Practices in Upstate New York

A new report from Families for Freedom in collaboration with New York University (NYU) Immigrant Rights Clinic entitled, “Uncovering USBP: Bonus Programs for United States Border Patrol Agents and the Arrest of Lawfully Present Individuals” reveals crucial information about the incentives and consequences of USBP practices. Using detailed new data from the USBP station in Rochester, New York and the Buffalo Sector that were obtained through a Freedom of Information lawsuit, the report reveals the existence of various incentive programs provided to Border Patrol agents in their quest to apprehend individuals of color, many of whom have legal status. The report also documents the broad array of persons with lawful status who suffer at the hands of USBP.

The report is available for dowload at: http://familiesforfreedom.org/.




Can I apply for B1/B2 visa while I am in the U.S.?

QUESTION:  I work as a stewardess on a yacht and I require a B1/B2 visa.  I have a letter from the captain which confirms this.  Currently I am in the U.S and I arrived on an ESTA from the U.K. and will be leaving shortly for Costa Rica.  I am staying in Costa Rica for a few months, so I will not really need the visa until I return for work BUT my question is - Can I apply for a B1/B2 visa while I am in the U.S.? And can I get my interview in Costa Rica? 

REPLY: Thank you for your message. Since I have not reviewed your case in detail, the statements herein are for informational purposes only.  My research indicates that you should be able to apply for a visitor visa at the U.S. Consulate in San Jose, Costa Rica.  Since you are not a citizen or resident of Costa Rica, it appears that you must make your appointment through the Call Center that has been established for that specific Consulate.  More information is available at http://costarica.usembassy.gov/consnonimmigrant.html

There is no problem if the DS-160 form is completed while you are in the U.S. – this form is online and can therefore be completed anywhere.  Since the application will not be adjudicated until you are at the Consulate in Costa Rica, the date of arrival should not be listed as any date prior to the interview.  Thus, the intended date of arrival should be the next date on which you expect to return to the U.S. after the interview in Costa Rica.

If you would like to submit additional information about your case and receive a complete professional analysis, please consider contacting my office to set up a consultation. 


Is TN available after expedited removal?

QUESTION: I am a Canadian citizen and was issued an order of expedited removal.  There was no fraud charge.  I now have a 5 year ban.  Is a TN work visa still an option for me? 

REPLY:  Thank you for your question.  As you know, individuals who are issued orders of expedited removal are inadmissible to the U.S. for a period of five (5) years [assuming there is no fraud].  During that five-year period, the individual may apply for permission to reapply for admission into the U.S.  This application is made by filing Form I-212 and supporting documents with the Department of Homeland Security.  When/if the Form I-212 application is approved, a Canadian citizen may then apply for admission in TN status prior to the expiration of the five-year bar. 

If you would like to submit additional information about your case and receive a complete professional analysis, please consider contacting my office to set up a consultation